United Kingdom Internal Market Bill

Debate between Jonathan Edwards and Lucy Powell

Consideration of Lords amendments
Wednesday 16th December 2020 Commons Chamber

[Lucy Powell]

The hon. Gentleman knows that that is not the case. That is not what happened in the other place. It is thanks to the Labour leadership in the other place that we have seen improvements to the Bill, and I will say a bit more about that in a minute.

The Bill is now in much better shape than it was. It is far from good, let alone perfect, but it is better. That is thanks to the leadership shown by Labour colleagues in the other place, who built alliances and worked with guile and tenacity to get us to where we are. The Government, by the way, have a majority in the other place; despite that, we managed to inflict a number of Government defeats. As a result, the Government dropped most of part 5, which was the international lawbreaking part of the Bill originally and now upholds the Northern Ireland protocol.

After Labour worked cross-party with colleagues and others to ensure successive Government defeats in the other place, and after several rounds of ping-pong— I have lost count of how many—the Bill has been improved in a number of ways. We have the one-month mechanism for the devolved Administrations’ consent on regulations; the operation of the internal market in the interest of consumers; the consent and involvement of the devolved Administrations on the make-up and operation of the Office for the Internal Market, and the removal and review of the Henry VIII powers.

Today, we welcome the Government’s concessions on common frameworks in response to Lord Hope and Lord Stevenson’s amendments. In particular, amendments to clauses 10 and 17 allow for agreements arising from common frameworks to be excluded from the application of market principles. They also include in the Bill a definition of a common framework agreement, something that we have been seeking from the beginning. We also welcome the amendment to clause 31 that provides for the Competition and Markets Authority and the Office for the Internal Market to include in their five-year reporting details of the interaction between market access principles and common framework agreements, and of the impact of common framework agreements on the operation and development of the internal market.

We have fought long and hard to ensure that the Bill does not undermine devolution, because we believe in devolution. These are important safeguards that really do strengthen the Bill.

[Jonathan Edwards]

The hon. Lady will be aware that, as I alluded to earlier, the Labour Government in Wales are threatening legal action. Is that something that she and the Labour party in Westminster will be supporting?

[Lucy Powell]

I have just been alerted to that. I am not sure of the details at this stage, so it is probably best that I do not comment. However, it is obviously a Labour Administration, and we support them and have worked very closely with them. I thank them for their co-operation with us on the Bill.

Common frameworks will allow different nations in the UK to set their own standards in key areas and to agree minimum standards for all. That is why it was so important to us from the start that there was recognition of common frameworks on the face of the Bill. However, it is still far from ideal, and the Government have been dragged kicking and screaming to these issues only because of the pressure we have applied, working tirelessly in the other place, and I pay tribute again to Lord Hope, Lord Stevenson and Baroness Hayter for all their work on this.

United Kingdom Internal Market Bill

Debate between Jonathan Edwards and Lucy Powell

Consideration of Lords amendments
Tuesday 15th December 2020 Commons Chamber

[Lucy Powell]

We have worked incredibly hard to maintain the devolution settlement through the Bill; that is not something that the hon. and learned Lady’s party want to do. The SNP wants to use measures in the Bill to break up the Union and seek independence in Scotland. That is not something that we agree with. We have tabled amendments and voted on them to ensure that the devolution settlement in this country is respected, and I hope that the Government will continue to talk to us about that.

We welcome the Government concessions so far and are hopeful that with some more good will we can get some more recognition of common frameworks in the Bill in these late stages of ping-pong. The Lords amendments to strengthen the common-frameworks approach and fair access to the market are good ones that we will vote to uphold today. I am grateful to Ministers and Lords colleagues, especially Lord Hope and others, for their continued engagement on this issue, because there is a lot of agreement between us. Ministers are rightly proud of the common frameworks process, which has brought about a number of areas of agreement on standards and market access because it involves the Government working with the devolved Administrations. It is an approach that both Front-Bench teams agree on.

We also agree—unlike the SNP—that the UK Parliament should be the ultimate arbiter of the internal market, and we agree that no one nation should be able to frustrate that process, that all must act in good faith before the UK Parliament intervenes, and that safeguards should be in place to make sure that that is the case. It really feels to me like the Government could move further on this issue, because there is a huge amount of common ground. We need to see in the Bill a recognition of the common frameworks process and the devolution settlement that it represents, which is why I hope and expect that in returning the Bill to the other place today, the Government will introduce some final amendments along those lines. If they do so, they could receive broad support. It did not need to take quite so many iterations and pleas from both Houses, had the Government not taken such a hostile, blunderbuss approach with the Bill in the first place.

[Jonathan Edwards]

Will the hon. Lady give way?

[Lucy Powell]

No, I am afraid I will not; I am finishing.

I sincerely hope that the Government will reflect on that approach in future.

United Kingdom Internal Market Bill

Debate between Jonathan Edwards and Lucy Powell

Tuesday 15th September 2020 Commons Chamber

[Jonathan Edwards]

I agree with the vast majority of new clause 2, but this is the one point that really worries me, because it indicates that Westminster will have supremacy over Wales, Scotland and Northern Ireland. Am I right in interpreting the end of the new clause in that manner? Surely the hon. Lady’s colleagues in Wales will be very concerned about any proposal that means that the Westminster Parliament will have supremacy over the Welsh Parliament.

[Lucy Powell]

This might be where we differ, as I was going to come on to say, because we believe that the ultimate arbiter of the UK internal market would need to be the UK Parliament. Our amendments seek to ensure that negotiations through common frameworks are conducted in good faith and given proper time and that this would need to come back to the UK Parliament in primary legislation, rather than secondary legislation, as is proposed.

Labour supports the need for some kind of independent body to arbitrate the effectiveness of the internal market. However, we want to ensure that this body is fully accountable to the views of England, Northern Ireland, Scotland and Wales and, crucially, has proper teeth to be able to do what it needs to do. New clause 3 would therefore place a legal obligation on the CMA to monitor, to report and, most importantly, to consult with the devolved Administrations when discharging its new and enhanced duties.

I turn to the amendments tabled by the Scottish national party. While I agree with much of what the hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) said, it appears from the amendments that the SNP does not want a functioning internal market; it wants to frustrate one. I am afraid that some of its amendments would, in essence, give a veto to the Scottish Parliament of the internal UK single market. We cannot support that. We believe that the UK Parliament has to be the final arbiter of a functioning internal market because we believe in the UK, and the SNP does not. Its amendments would clog up the process and effectively offer one Parliament a veto.

As MPs, we have a responsibility and a duty to protect the interests of this country. The rule of law and the safety and security of our nation should be paramount. For the Conservative and Unionist party—let us remind ourselves of that name—to propose legislation that breaks the law and threatens the Union by putting rocket boosters under those campaigning for independence is near unthinkable. We hope that Ministers will accept our amendments to strengthen the Bill and to respect devolution as it stands and that they will table amendments at the next stage to strengthen the Bill further, so that we can keep our Union intact, get Brexit done, get the deal that this country was offered and move on.